The truth investigation of Li Xincao's death in the river: What happened from drunk to falling in the river?

Exclusive丨The truth investigation of Li Xincao's death in the river: What happened from drunk to falling in the river?

　　The much-watched Li Xincao’s death in the river was publicly pronounced this morning in Kunming, Yunnan. The People’s Court of Panlong District, Kunming City sentenced the defendant Luo Binggan to fixed-term imprisonment for one year and six months and ordered Luo Binggan to compensate for the incidental civil lawsuit. The plaintiff Chen Meilian suffered an economic loss of RMB 63,257.

　　It is regrettable that a female college student who was in his blooming age fell into the river and died, and the online video of Li Xincao being slapped and hugged before his death made this case highly suspicious.

How did the drinking of a party of four young people turn into a drowning tragedy?

The large amount of evidence presented during the trial completely restored the truth of the incident, and the headquarter reporters also conducted exclusive interviews with relevant witnesses.

What happened from being drunk to falling in the river?

　　At 2:02 am on September 9, 2019, a public security surveillance video on the bank of the Panlong River in Kunming City vaguely recorded a spray on the river. This is the last thing left by the 18-year-old Li Xincao. An imprint.

　　Li Xincao, female, a second-year student at a university in Kunming, born in November 2000, from Shizong County, Qujing City, Yunnan Province.

At noon on September 8, 2019, Li Xincao's roommate Ren Moushen asked her and two other dormitory roommates to go to Kunming to have a meal with friends. The other two roommates were unable to go there due to something.

　　At 15:42, the two met with Ren Moushen's junior high school alumni Luo Binggan and Li Moumouhao in the Plaza 66.

Luo Bingqian, born in 1997, was the initiator of this gathering and the defendant in this negligent death case.

　　At 17:40 that day, Li Xincao and other four people first came to a hot pot restaurant for dinner, and did not drink alcohol during the period.

After the meal, on Luo Bingqian's suggestion, the four went to two bars for drinks at 19:41 and 21:35, and drank 24 bottles of beer.

　　At 22:38, the four left the bar. Li Xincao and Ren Moushen asked to rush back to school. They walked to a nearby subway station to buy tickets and enter.

Unexpectedly, the last subway drove away in front of them. The time difference was 13 seconds. What they did not expect was that these 13 seconds would be a fatal miss.

　　After missing the last subway, Li Xincao and the other four decided to find a bar to continue drinking.

At 23:03 that night, they walked into the hot bar by the Panlong River and sat on the seats next to the door, which was only a dozen meters away from the Panlong River.

　　Four people ordered a case of beer, and Luo Binggan ordered another four strong cocktails.

The 4 people first finished a glass of concoction and then continued to drink beer.

Reporter:

What are the four cocktails made with?

Bartender:

Vodka, Baileys and Coffee Liqueur.

Reporter:

How much are these three kinds of wine?

Bartender: The

degree is not clear, but vodka has the highest degree.

　　The video showed that Li Xincao drank 5 glasses of beer in a row. At 23:59:34, she began to show obvious signs of drunkenness and suddenly fell on the lap of Luo Binggan who was sitting next to her.

Defendant Luo Bingqian:

I was very surprised that she fell on my lap. I didn’t know what was going on. I let her lean on for a while and she sat up again by herself. Then I went to see her. At that time, I felt that she might be real. I was drunk, and felt a little unsteady.

　　The three helped Li Xincao up. At this time, Li Xincao was already unsteady and was lying on the table.

After 3 minutes, Li Xincao got up and went to the bathroom, and returned after 5 minutes.

It was already 00:11 on September 9th, and Li Xincao fell on Luo Binggan's lap for the second time.

Defendant Luo Bingqian:

Then she sat up again, still in a very upset state, feeling that she was getting more and more upset.

　　At 00:14, Luo Binggan walked out of the bar, and then Li Xincao also got up and stumbled out of the bar. Ren Moushen and Li Mouhao followed them.

Li Moumouhao:

When I took a look, I said I would go out with her to see the situation, and then I followed her out, and then we were at the door of the bar, there was a tree squatting there, Li Xincao might be vomiting Yes, but I retched a few times and didn't vomit.

　　One minute later, Ren Moushen and Luo Bingqian supported Li Xincao back to the bar and let her lie on the chairs.

　　After that, Li Xincao walked out of the bar twice. After Li Xincao calmed down, the four continued to drink.

At 00:44:40, Li Xincao took the beer opposite Luo Bingqian and drank directly to the bottle.

At 00:58, Li Xincao got up and walked out of the bar for the fourth time. Ren Moushen and Li Mouhao followed them.

Ren Moushen:

Li

began to sit on the ground and cry. I went over and squatted to hug her. Luo Binggan and I helped her to the railing. She was quiet for a while, then picked her up from the ground, pulled her up, and she started The feet had to be stretched over the railing, as if both legs were on the knee, and then Luo Binggan and I pulled her off the railing.

Defendant Luo Binggan:

I was very scared at the time. At that time, I told Ren Moushen that she seemed to want to jump into the river. At that time, the two of us were very nervous, so we took Li Xincao back to the bar.

　　According to the memories of Luo Bingqian and the others, this was the first time Li Xincao showed signs of jumping into the river that night.

　　After 23 minutes, the four returned to the bar from the river.

At 01:37:11, Li Xincao suddenly took the opposite wine bottle and smashed it on the table, and then threw the items on the table to the ground.

　　At 01:37:44, Li Xincao walked out of the bar for the fifth time. Three people followed. Six minutes later, the three helped Li Xincao back to the bar and let her lie down on a chair.

The video showed that Luo Bingqian leaned close to Li Xincao's body.

Defendant Luo Binggan:

I took her bag and put it under her head to cushion her, and immediately leaned down. At that time, I had only one thought, but I just wanted to calm her down. I wanted to calm her down, so I leaned down and said something to comfort her in her ear.

　　At 01:45:15, Luo Binggan got up and Li Xincao sat up at the same time, then grabbed the black object on the table and threw it on the ground. Luo Binggan picked up the object and grabbed Li Xincao's hand.

Defendant Luo Binggan:

Just like a child, she kept crying and couldn't stop crying, which would make people very irritable. I was rather annoying at the time, and this was my mentality at the time.

Li Moumouhao:

Luo Binggan said that she couldn't keep on making trouble like this, so he said if it was really impossible, slap her in the face.

Ren Moushen:

Luo Binggan said for the second time that he had met many people who were drunk like this before, and they became sober after slapped twice.

　　At 01:47:54, Luo Bingqian slapped Li Xincao's left face twice in a row. Li Xincao was a little dazed after being slapped by the two.

At 01:57:37, Li Xincao drank his saliva and poured the water on her head. About three minutes later, Li Xincao walked out of the bar for the sixth time. Among the other three, only Li Moumouhao chased it out. This is also the last time Li Xincao has left the bar.

　　At the entrance of the bar, she stopped a taxi.

Taxi driver:

I drove over from here that evening. This woman took a taxi here. I stopped the car when she asked her. She stopped and got on the left side of the car. She was sitting in the back when she got in the car. In the platoon, the other man told me that she shouldn’t take her away if she drank too much. The man got out of the car in front of me. There were a lot of cars behind me.

Li Moumouhao:

I will catch up and tell the master first, master, wait a moment, don't be busy driving.

　　The video showed that Luo Binggan and Ren Moushen, who were still drinking and chatting in the bar at this time, also walked out of the bar. Luo Binggan went to explain to the traffic jammed behind that at this moment, Li Xincao suddenly opened the car door and ran towards the river.

Li Moumouhao:

I heard the sound of her opening the door. I looked up and said, how did she run down, and then I hurried two steps to the guardrail, and she had already fallen down.

I held the guardrail with my left hand, and my right hand began to bend down to grab her, but without catching her, she had fallen into the river.

As soon as she fell into the river, I immediately started calling for help, and I said someone jumped into the river.

　　At 2:02:4 in the morning, Li Xincao fell into the Panlong River after crossing the riverside guardrail. At 2:04:7, Luo Bingqian called the 110 alarm call. Three minutes later, the 110 command center of the Kunming Public Security Bureau notified the police along the river. A search and rescue team started with the Kunming Fire Rescue Detachment. Due to the turbulent flow of the river, Li Xincao was not found that night.

On September 11, Li Xincao's body was salvaged ashore by the police of the Floating Bureau at the east dock of Dianchi Lake.

The forensic doctor went to the scene to conduct a preliminary examination of the corpse and confirmed that there was no obvious trauma on the body surface.

What is the basis for determining the crime of negligence causing death?

　　Excessive drinking, improper rescue, Li Xincao's death is heartbreaking and could have been avoided.

The defendant Luo Binggan committed the crime of negligence causing death and was sentenced for one year and six months in the first instance.

So what are Luo Binggan's faults?

Are these mistakes enough to constitute a crime?

In response to these focal issues, the headquarter reporter interviewed the prosecutor of the case.

　　On September 9, 2019, the day Li Xincao fell into the river, the police notified her family members.

On September 15, 2019, Li Xincao's cousin went to the Gulou police station to check the bar surveillance video and found that Luo Binggan had suspected of committing molest to Li Xincao. The next day she came to the Gulou police station to report the case again and asked the police to open the case.

　　On October 14, 2019, Panlong Public Security Bureau opened a case for investigation.

On the same day, the Kunming Municipal Public Security Bureau set up a special case team for investigation, invited a number of national criminal investigation experts to Kunming to guide the investigation of the case, and conducted a comprehensive on-site investigation, visit investigation, and autopsy.

The procuratorial organs carry out legal supervision over the investigation of cases.

Mu Yanchang, spokesperson of the Kunming Public Security Bureau:

After inspection, death from mechanical injury and death from own disease were excluded. No traces of Li Xincao's sexual assault during his lifetime were found, and no common poisons were found.

After investigations by the public security organs in various ways and means, it was concluded that Li Xincao fell into the water and died voluntarily after being drunk.

　　In addition, the public security organs found that Ren Moushen and Li Moumouhao had significant minor plots and little social harm. After consulting the procuratorial organs, they lifted the guarantee and pending trial measures and terminated the investigation.

　　On October 22, 2019, the Kunming police submitted a request to the procuratorate to approve the arrest of Luo Bingqian for "forced indecency and insult" and "death by negligence."

On August 12, 2020, the People's Procuratorate of Panlong District filed a public prosecution for Luo Bing's interference in causing death due to negligence.

Reporter:

At first, the arrest was made for the crime of compulsory indecency and insult. Why did this crime disappear and become the crime of negligence causing death?

Wang Shuang, the prosecutor of the People’s Procuratorate of Panlong District, Kunming:

Because the crime of compulsory indecent and insult is mainly to protect a private part, we found after reviewing this video surveillance frame by frame, although Luo Bingqian had leaned over and pressed Li Xincao Such an action on the body, but no contact with private parts, then the slap in the face, although it was in such a public place, it seemed that there was a public insult to the victim, but subjectively based on Luo Binggan’s confession and Li The statements made by Mo Hao and Ren Moshen were not to insult Li Xincao at the time, but to help Li Xincao sober up.

Therefore, in terms of objective behavior and subjective intention, we believe that Luo Bingqian's behavior does not constitute the crime of compulsory indecent and insult.

　　For the serious consequences of Li Xincao's drowning after drinking alcohol, Luo Binggan was convicted of the crime of negligence leading to death.

According to Article 233 of the Criminal Law, the crime of causing death by negligence refers to the negligence caused by negligence or overconfidence on the subjective side, and the act and result of the death caused by negligence on the objective side.

So where is the boundary between sin and innocence in this drowning death that occurred during party drinking?

Reporter:

What is the basis for prosecuting Luo Bingqian for the crime of negligence causing death?

Wang Shuang, the prosecutor of the People’s Procuratorate of Panlong District, Kunming:

We believe that Luo Binggan as an inviter, and especially in the whole process, played a leading role. When Li Xincao was seriously drunk that day, Luo Bingqian had a criminal law. A duty of care.

　　The procuratorate determined that when Li Xincao's drunken reaction increased significantly, especially after he walked out of the bar for the fourth time, he showed signs of wanting to jump into the river. At this time, Luo Binggan had already foreseen that Li Xincao might endanger his life.

Wang Shuang, the prosecutor of the People's Procuratorate of Panlong District, Kunming:

After these abnormal behaviors, Luo Binggan did not fulfill his duty of effective nursing and care. Instead, he acted like leaning over Li Xincao and slapped Li Xincao in the face.

These actions by Luo Binggan actually stimulated Li Xincao to lose control of his emotions.

　　With regard to the rescue and protection measures taken by Luo Bingqian, the prosecution believes that it has gone far beyond the responsibility and obligation of a co-drinker to protect his peers during the normal drinking process.

Wang Shuang, the prosecutor of the People's Procuratorate of Panlong District, Kunming:

Especially when Li Moumou Hao made reasonable suggestions to call 120 to send Li Xincao to the doctor, and to ask the police for help, Luo Binggan did not take it.

Therefore, we believe that Luo Binggan’s subjective mentality of being overconfident has caused him to fail to effectively protect Li Xincao. In the end, there is a causal relationship between this behavior and the result in the sense of criminal law. Therefore, we believe that Luo Binggan’s behavior constitutes negligence and causes death. crime.

Reporter:

Li Mo Mo Hao and Ren Mo Sun were also drinking together that day. Why are Luo Binggan only investigated for criminal responsibility?

Wang Shuang, the prosecutor of the People's Procuratorate of Panlong District, Kunming:

Ren Moushen and Li Mouhao did not act inappropriately against Li Xincao on the same day, but took certain actions to look after and rescue Li Xincao.

Therefore, Ren Moushen and Li Mouhao have relatively minor liabilities, and we believe that these two individuals do not constitute the crime of negligence causing death.

The focus of the trial: Does negligence constitute a crime?

　　On September 19, 2020, the People's Court of Panlong District, Kunming City opened a court hearing in accordance with the law, and the defendant Luo Bingqian was charged with negligence causing death.

In court, how should Luo Bingqian's behavior be characterized?

It became the focus of disputes between the prosecution and the defense.

　　At nine o'clock in the morning of September 19, the trial officially began, and Li Xincao's mother appeared in court as a criminal and civil plaintiff.

The Panlong District People’s Procuratorate charged that Luo Binggan should be held criminally responsible for the crime of negligence causing death.

　　During the trial, the public prosecution agency produced physical evidence, documentary evidence, witness testimony, audio-visual materials, appraisal opinions, and defendant's statement. The defendant Luo Binggan and his defender issued cross-examination opinions on the evidence.

Luo Bingqian’s defender believed that Luo Bingqian was just an inviter and co-drinker of the party, and his behavior that night had fulfilled his duty of protection.

The two sides held two rounds of debate on whether Luo Binggan constituted the crime of negligence causing death.

Luo Binggan’s defender:

From the perspective of this case, Luo Binggan’s behavior was an act of inviting everyone to a party and then suggesting that everyone drink alcohol. The defender believes that this act is not an illegal act, nor a criminal act.

Secondly, in this case, when Luo Bingqian foresaw that Li Xincao would commit acts endangering his life and health, he took actions and measures that he at least thought he could do.

　　Regarding the defense opinions put forward by the defender, the prosecutor believed that Luo Bingqian, as the proponent of the three liquor bureaus, had already had the duty of care in the criminal law after Li Xincao became drunk abnormally. His improper behaviors such as leaning close and slapped directly stimulated Li Xincao who was already drunk.

Wang Shuang, the prosecutor of the People’s Procuratorate of Panlong District, Kunming: After

Luo Bingqian committed the above-mentioned improper behavior, Li Xincao immediately became more agitated by smashing ashtrays and lifting tablecloths. It was the defendant’s improper behavior that stimulated Li Xincao and aggravated his life. Dangerous, therefore, what the prosecutor wanted to say was that there was a causal relationship between Luo Binggan’s behavior and Li Xincao’s drowning in the river.

Li Xincao's death was not caused by drunkenness alone.

Prosecutor:

You found that Li Xincao is abnormal. Why didn't you choose to call the police or send Li Xincao to the hospital?

Defendant Luo Binggan:

I think it’s because of my lack of social experience. I think the 110 police will not care about situations like this kind of drunkenness after drinking. For 120 I think I can’t afford the medical expenses. Another reason is that the three of us were at the time. They all looked after her next to Li Xincao, and one or two people looked after her every minute, thinking that she would not have accidents.

　　During the trial, Luo Bingqian pleaded guilty and punished in court, expressed regret for his behavior that night, and apologized to Li Xincao's mother.

Defendant Luo Binggan:

I feel very guilty about this matter, and I am also very sorry.

Because Li Xincao was with us that day, we really did not protect her, which led to such a tragedy.

But please believe that in my heart I never hope and never want to see such a tragedy happen.

I deeply regret this, and finally say something to Xincao's mother, sorry.

　　The collegiate panel determined that Luo Bingqian should be liable for negligence in the sense of criminal law for Li Xincao's death based on the facts and evidence of the charges.

Qin Dongdong, President of the Criminal Tribunal of the People’s Court of Panlong District, Kunming:

After Li

a series of actions that endangered his own safety, Luo Bingqian not only failed to take correct measures such as sending Li

doctor, stopping drinking, or sending Li Xincao back to his dormitory to rest. Instead, continue to drink.

And in this process, the improper behavior of slapping further stimulated Li Xincao and eventually led to Li Xincao's death.

We believe that Luo Bingqian's series of actions and Li Xincao's eventual fall into the river were at fault (responsibility).

Expert: People who drink together should take responsibility

　　In recent years, tragedies of accidental injury or death of drunk people due to excessive drinking during gatherings are not uncommon in life.

What are the obligations and responsibilities of those who drink at the same table to the drunk?

What enlightenment does this case give us?

　　According to Liu Junhai, a professor at Renmin University of China, according to the relevant provisions of the Tort Liability Law, when someone is drunk while drinking at a party, a specific legal relationship is automatically formed with the drinker.

　　For accidents that occur after being drunk, the drunk person, as a complete civil actor, is primarily responsible for his own life and safety, and the organizer and the drinker shall also bear corresponding legal responsibilities according to the specific circumstances.

Liu Junhai, a professor at Renmin University of China Law School: After

the same drinker has been drunk, other people who are not drunk should maintain a high level of sobriety, and you should fulfill your obligation to protect others' safety.

If you fail to fulfill your obligation to ensure safety to others, and violate this legal obligation, you will be liable for compensation for losses.

　　Due to excessive drinking and improper assistance, the four young people had a gathering of friends with their usual friends. In the end, one person fell into the river and drowned, and one person took criminal responsibility.

Ren Moushen: When

we went out this time, we thought it was an ordinary experience of drinking and shopping like before. I didn't think any accidents would happen, and the days would remain the same.

I didn't expect that just because of this time, I would lose her forever, and she also lost her life (choked).

　　There are no ifs in life, only consequences and results.

This tragedy caused by drunkenness has also sounded the alarm for people. Experts remind young students studying in school to pay more attention to civilized temperance and mutual protection and assistance during gatherings and drinking.

Liu Junhai, Professor of Law School of Renmin University of China:

Only when you bring the rights and demands of stakeholders such as your fellow drinkers into your field of vision, can such citizens be responsible and truly have legal and ethical awareness , Citizenship in the new era with a sense of responsibility.

　　(CCTV reporter Wu Chuang, Li Wenjie, Wubing, Cheng Qin, Liu Gang)